ML20238F774

Partial Response to FOIA Request for Documents Re NRC Weld Falsification Issue.Forwards App J & K Documents.App J Documents Also Available in Pdr.App K Documents Partially Withheld (Ref FOIA Exemptions 6 & 7)

ML20238F774
Person / Time
Site:	Seabrook
Issue date:	09/14/1987
From:	Grimsley D NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
To:	Garde B GOVERNMENT ACCOUNTABILITY PROJECT
Shared Package
ML20238F776	List: ML20238F774 ML20238F839 ML20238F847 ML20238F853 ML20238F864 ML20239A000 ML20239A176
References
FOIA-86-188 NUDOCS 8709160339
Download: ML20238F774 (5)

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U.S. NUCLEAR REGULATORY COMMISSION wRc FotA REQUEST NUMBERISt s.

Fo i A - g &. -I 88 r..

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RESPONSE TO FREEDOM OF ^ '

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/ INFORMATION ACT (FOlA) REQUEST \A-SEP 141997 l DOCKET NVM81Rt$1 t# sppecaedre

"~ CA R D 6 @ L L i E b R N 6 R. i PART 1.-RECORDS RELIASED OR NOT LOCATED (See checked bones)

No agency records subject to the request have been located.

No additionalingency records subpect to the request have been located.

Agaricy records subpect to the request that are identAed in Appendix are already available for public inspection and copying in the NRC P4lic Document Room, f t717 H Stroer. N.W., Washington, DC, j Agency records subsect to the request that are identifeed in Appendia 7 are being made available for public inspection and copying in the NRC Public Document Room.1717 H Street, N.W., Washington, DC, in a folder under the FOIA number and requester name.

The nonproprietary version of the proposailsi that you agreed to accept in a tabaphone Coriversation mth a rnember of rny staff is now being rnade avanoble for public inspection and coying at the NRC Public Document Room.1717 H Street, N W Washngton, DC, in a folder under this FOIA number and requester name. )

Erdoned is information on how you may obtain access to and the charges for copying records placed in the NRC Public Document Poom,1717 H Street, N.W., Washington, DC.

Agency records subpect to the request are enclosed Any opplicab6e charge for copes of the records provided and payment procedures are noted an the comments section.

Records subpect to the request have been referred to another Federal agencyims) for review and direct response to you.

1. 1 www of NRC's response to this request, no further action is.being taken on appeal letter dated PART ll.A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certaan informaton in the coquested records is being withheld from public dhire pursuant to the FOIA exemptions described in and for the reasons stated iri Part II, sec-taans B. C, and D. Any released portions of the docun;ents for which only part of the record is being mthheld are being made available for public rupschon and copying in j the NRC Public Document Hoom,1717 H Street, N.W., Washington DC. an a folder under this FOIA number and requester name. j Comments 1

Sir i DIREC OR. Divt F RULES "

ORDS 8709160339 870914 )

PDR FOIA GAR DE86--108 PDR, N7.C FO"tM 464 #en n 1943-

FREEDOM OF INFORMATION ACT RESPONSE FOIA NUMBER (SI: h O lh - h [P ' ! ' DATE:

PART ll.8- APPLICABLE FOIA EXEMPTIONS ,

Rtcords subject to the request that are described in the enclosed Appendices are being withheld in their entirety or in part under FOIA Exsmptions and for the reasons set forth below pursuant to 5 U.S.C. 552(b) and to CFR 9.5(a) of NRC Regulations.

1. The wnhheld iniormaton a property classefed pursuant to Executw Order 12356 (EXEMPTION 1)

2. The wtthheld information relates soiety to the mtemal personnel rules and procedures of NRC. (EXEMPTION 2)

3. The withheid information is specsficaay exempted from public disclosure by statute indicated: (EXEMPTION 31 Section 141146 of the Atomsc Erargy Act which prohibits the declosure of Restricted Dataior Formerly Reetncted Data (42 U.S.C. 21612165).

/

/ . .

Sectson 147 of the Atomic Energy Act which prohibrts the declosure of Unclassified Safeguards information (42 U.S.C. 2167). [

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4. The withheld information is a trade secret or commercsal or financial information that is being withheid for the reason (s) indicated: (EXEMPTION 4)

The information is considered to be confidential business (proprietary) information.

W The information is cons #dered to be propretary information pursuant to 10 CFR 2.790(d)(1). t

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The information was submitted and racerved m confidence from a foreign source pursuant to 10 CFR 2.790(dM2). j l

5. The withheld information conosts of interagency or intraagency records that are not available through decovery durmg letsgation. Declosure of predecisional information .j would tend to inhibit the open and trank exchange of ideas essential to the deliberative process. Where records are wrthheld in their entirety, the facts are inextricab6y j intertwined with the predecisional edormation. There a6eo are no reasonably segregabie factual portions because the release of the facts would permet an d indirect inquiry mto the predeceional process of the agency. (EXEMPTION 5)

\ 6. The withheld information is exempted from public disclosure because its disclosure would result in a clearty unwarranted invasion of personal privacy. (EXEMPTION 6)

7. The withheld information conents of investigatory records compied for law enforcement purposes and is being witttield for the reason (s) indicated. (EXEMPTION 7)

D Declosure would interfere enth an enforcement proceeding because it could reveal the scope, direction, and focus of enforcement efforts. and thus could possibly allow them to taka action to sheld potential wrongdoing or a violation of NRC requirements from investigators. (EXEMPTION 7(A))

Declosure would constitute an iswerranted ewasion of personal privacy (EXEMPTION 7tCl)

The information consists of names of bdividuals and other information the declosure of which would revee! identraes of confidential sources. (EXEMPTION 7(D))

PART ll.C-DENYING OFFICIALS Pursuant to 10 CFR 9 9 and/or 9.16 of the U.S. Nuclear Regulatory Commmanon regulations. It has been determined that the information withheld is exempt from production or disclosure, and that its production or disclosure e contrary to the public interest. The persons responsible for the denial are those officials identified below as denying officials and the Director, Devtion of Rules and Records, Offce of Adminstration, for any denials that may be appealed to the Executrve Director for Operations (EDot DENYING OFFICIAL TITLE / OFFICE RECORDS DENIED APPELLATE OFFICIAL F REGlD4fW ODMIMLSTR@D E, TDRT t DN S- S'C"E" '"

WLLIRM b <bSSELL %G Inkl T M90. END$ W X PART 11 D- APPEAL RIGHTS The denial by each denying official iderr.ified in Part II.C may be appealed to the Appellate Official identified in that section. Any such appeal must be in writing and must be made within 30 days of receipt of this response. Appeals must be addressed as appropriate to the Executive Director for Operations or to the Secretary of the Commisuon, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter th:t it is an " Appeal from an bitial FOLA Decmion Mc po7.M eos Peri al U.S. NUCLEAR REGULATORY COMMISSION nasi FOIA RESPONSE CONTINUATION

Re. F0!A-86-188 (Fifth Partial) ]

RELEASED DOCUMENTS i

I l

DATE ORIGINATOR. RECIPIENT DESCRIPTION

1. 4/27 - NDE Allegation - Handwritten Notes (2 Pages) 4/29/83

, 2. 5/4/83 NRC, Region I File Telephone Report

Subject:

l NDE of Pipe Welds (1 Page) 3 5/4/83 Region I Morning Report (1 Page) l i

4. 5/5/83 Senior Resident File Telephone Report

Subject:

I Inspector, Seabrook Licensee Press Release - )

l Falsification of Weld NDE l (1 Page)

5. 5/9/83 Senior Resident NRC, Region I Planned Licensee Corrective Inspector, Seabrook Action to NDE Problem (1 Page) i Csnue

6. 5/13/83 Memo from Ame to Christopher, re: Conduct, of NDE Investigation  !'

Seabrook. (1 page) i

7. 5/19/83 Resident Inspector, NRC, Region I & Fax

Subject:

Licensee Seabrook NRC, OI Region I Investigation of the NDE Field Office Falsification Issue (1 Pano)

8. 6/1h/83 Meeting at NRC Region I, re: Seabrook.(3pages)

9. 12/12/83 Senior Resident NRC, Region I Summary of NRC Actions Inspector, Seabrook -

Relative to the Suspect NDE Construction Deficiency Report (1 Page) i

10. Undated Handwritten page of notes (1 Page)

11. 1/4/84 NRC, Region I NRC, Region I Memo

Subject:

NRC Follow-GtAeos7Eck[ h v R t 6 )% up Seabrook NDE Falsi-fication(4Pages)

12. Undated NRC Management Meeting Presentation Slides (3 Pages)

• i Re: F01A-86-188 (Fifth Partial)

APPENDIX J (Continued)

I OATE ORIGINATOR RECIPIENT DESCRIPTION 13 9/27/84 Handwritten notes (1 Page)

14. 10/3/84 Senior Resident U.S. Attorney's Letter enclosing requested , I' Inspector, Seabrook Office, Concord, items as a result of NH 9/27/84 meeting (2 Pages)

15. 4/1/86 Senior Resident NRC, Public Information provided as a Inspector, Seabrook Affairs help on the history of the j NRC follow-up of the NDE I weld falsification issue l at Seabrook. (Two news articles, PN0-1-83-48, Press Release & paragraph 3h, Insp. 50-443/85-25 closing technical issue)

(5Pages) i l

l

L Re:LF01A-86-188 (FifthPartial)

APPENDIX K PORTIONS OF RECORDS DELETED

1. Undated Fax Sheet from Cerne to'Gallo. (1 page)

Portion deleted -. Exemption 6-Note: The four pages that were attached to this record have been addressed in the Fourth Partial Response dated 9/1/87. See Appendix I, docs f 1, 6, 7 and 10.

2. 4/18/83 Handwritten note from Cerne. (1 page). . Release

Attachment:

a. 4/18/83 Report of Allegation (1 page) - Portion deleted - Exen;ption 70.

3. 4/26/83 One page of handwritten notes - Portion deleted -

Exemption 6.

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GOVEM4 MENT ACCOUNTABILITY PROJECT 1555 Connecncut Avenue, N.W., Suite 202 i Washington, D.C. 20036 (202)2324550 i

March 18, 1986 FPEEDOM OF INFORMATION ACT REQUEST FREisoOst OF wy m y Director Ml REQUEST Office of Administration

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h7 gM 'h/ [f Nuclear Regulatory Commission l Washington, D.C. 20555 To Whom It May Concern: j Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C.

552, the Government Accountability Project (CAP) requests copies of any and all agency records and information, including but not  !

limited to notes, letters, memoranda, drafts, minutes, diaries, logs, calendars, tapes, transcripts, summaries, interview reports, procedures, instructions, engineering analyses, drawings, files, graphs, charts, maps, photographs, agreements, handwritten notes, studies, data sheets, notebooks, books, tele-phone messages, computations, voice recordings, computer runoffs, i any other data compilations, interim and/or final reports, status l reports, and any and all other records relevant to and/or l generated in connection with I.E. Notice 85-97, entitled " Jail Ters for Contractor Employee who Intentionally Falsified Welding Inspection Records," dated December 26, 1985.

This request includes all agency records as defined in 10 C.F.R. 9.3a(b) and the NRC Manual, Appendix 0211, Parts 1.A.2 and l A.3 (approved October 8, 1980) whether they currently exist in '

the NRC official, " working", investigative or other files, or at any other location, including priitate residences.

If any records as defined in 10 C.F.R. 9.3a(b) and the NRC Mannal, supra, and covered by this request have been destroyed and/or removed after this request,:please provide all surrounding records, including but not limited to a list of all records which have been or are destroyed and/or removed, a description of the action (s) taken relevant to, generated in connection with, and/or issued in order to implement the action (s).

'khfbThfYf f,

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GAP requests that fees be waived,.because " finding the information can be considered as primarily benefitting the .i general public," 5 U.S.C. 552 (a) (4) (a) . GAP is a non-profit, l non-partisan public interest organization concerned with honest j and open governsent. Through public outreach, the Project promotes whistleblowers as agents of government accountability.

Through its Environmental Whistleblower Clinic,-GAP offers assis-tance to local public interest and citizens groups seeking to ,

ensure the health and safety of their communities. The Environ-mental Whistleblower Clinic is currently assisting several citizens groups, local governments and interveners in Texas

)!

concerning the construction of the Comanche Peak nuclear power plant.

We are requesting the above information as part of an i ongoing monitoring project on the adequacy of Region IV and the NRC's efforts to protect public safety and health at nuclear power plants. ]

For any documents or portions that you deny due to a specific FOIA exemption, please provide an index itemizing and describing the documents or portions of documents withheld. The index should provide a detailed justification of your grounds for claiming each exemption, explaining why each exemption is relevant to the document or portion of the document withheld.

This index is required under Vaughn v. Rosen (I), 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974).

We look forward to your response to this request within ten working days.

Sincerely, 8 A f L L.s m Billie Pirner Garde 3

Director, Environmental

'Whistleblower Clinic ,

i I

4 I

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